EPA published a final action to establish no new regulatory requirements under the Clean Water Act (CWA) for hazardous substance discharge prevention in the Federal Register September 3. In an earlier news release, EPA Administrator Andrew Wheeler stated, “EPA’s analysis concluded that current requirements for hazardous substance discharge prevention are protective of human health and the environment and, therefore, additional requirements are unnecessary.”
EPA published its “no action” proposal in June 2018 after being required by consent decree to sign a notice of proposed rulemaking pertaining to the issuance of the Hazardous Substance Regulations. The consent decree resulted from a suit against the agency by multiple environmental groups for allegedly failing to issue regulations to prevent and contain hazardous substance spills, which the groups claimed were required by the CWA.
AMWA submitted comments in August 2018 disagreeing with EPA’s decision and highlighted major issues with EPA’s cost-benefit and regulatory analyses, particularly that costs associated with water contamination were excluded. The association gave multiple recommendations, including urging EPA to perform new analyses and to develop a mandatory process for downstream utilities to be notified when a hazardous chemical spill has occurred.
AMWA also signed onto a joint letter that same month with the American Water Works Association and Clean Water Action urging EPA to reconsider its decision.